In the Matter of a Mail Dispute  	) August 28, 1998
Between     				)
      					)
DEBRA BARNARD    			)
      					)
 and     				)
      					)
MICHAEL PRESSON   			) P.S. Docket No. MD 98-372

APPEARANCE FOR DISPUTANT 		Debra Barnard
  DEBRA BARNARD:   			20811 Bear Valley Road, #134
      					Apple Valley, CA  92308-6978

APPEARANCE FOR DISPUTANT 		Michael Presson
  MICHAEL PRESSON:   			17216 Lilac Street, #3
      					Hesperia, CA  92345-5162

This mail dispute has been docketed pursuant to Postal Operations Manual (POM 7, August 1, 1996) Section 616.21, which requires the Chief Field Counsel to forward certain unresolved mail disputes to the Judicial Officer for resolution. The mail in dispute is that addressed to Presson Custom Woodworking at 17216 Lilac Street, #3, Hesperia, CA 92345-5162 and at 20991 Ottawa Road, Apple Valley, CA 92308-5807. The mail is currently being held by the Hesperia and Apple Valley, California Postmasters.

Neither party to this mail dispute submitted a sworn statement, as required by 39 C.F.R. §965.5. However, both submitted letters along with documents in support of their claims. The following findings of fact are based on the submittals of the parties and the information from the Postal Service that was included in the file referred to the Judicial Officer.

1. In 1989, Disputant Michael Presson established a cabinet making business in Westminster, California, as a sole proprietorship (Presson submittal).

2. Disputants Michael Presson and Debra Barnard had a four year relationship in which they intermingled their finances and lived together at 20991 Ottawa Road, Apple Valley, CA 92308-5807. During this period, Michael Presson established Presson Custom Woodworking as a sole proprietorship, conducting the business at 17216 Lilac Street, #3, Hesperia, CA 92345-5162. Disputant Barnard contributed financing to the business and worked as an office manager, and Disputant Presson did the woodworking. There is no evidence that a formal partnership was established. (Submittals of Presson, Barnard and U.S. Postal Service submittals).

3. Some time in early 1998, the parties separated their living arrangements, and Disputant Presson changed his residence to 17216 Lilac Street, #3, Hesperia, CA 92345-5162 and Disputant Barnard changed her residence to 20811-D, Bear Valley Road #134, Apple Valley, CA 92308-6978. At this same time, Mr. Presson entered into a partnership with his son to continue the business at the disputed Hesperia address without any involvement or participation by Disputant Barnard (Presson submittal; U.S. Postal Service submittal).

4. On May 22, 1998, and again on July 1, 1998, Ms. Barnard submitted a change of address for Presson Custom Woodworking, seeking to have its mail forwarded to 20811-D Bear Valley Road, # 134, Apple Valley, CA 92308-6978 and this mail dispute ensued.

Disputant Barnard argues that she is a part-owner of Presson Custom Woodworking and, as such, has a claim to the mail for the business. Disputant Michael Presson argues that he and his son are currently operating the business as a partnership and that Ms. Barnard is no longer associated with the business. He further asserts that any dispute between them is personal and not related to mail delivery to the business.

One of the principal purposes of mail delivery rules is to insure that mail is delivered to the recipient intended by the sender. Since Ms. Barnard is no longer involved with Presson Custom Woodworking, it is likely that anyone sending mail to the business at 17216 Lilac Street, #3, Hesperia, CA 92345-5162, or to the former residence of the disputants at 20991 Ottawa Road, Apple Valley, CA 92308-5807, intends that it be delivered to the party now conducting the business, i.e., Michael Presson. Accordingly, mail addressed to Presson Custom Woodworking should be delivered as directed by Michael Presson.⁽¹⁾

This decision deals only with delivery of the mail. It does not attempt to resolve any other dispute between the parties, including ownership of the business known as Presson Custom Woodworking. If either party receives mail that is obviously intended for the other, it is each party's duty to forward that mail promptly. If either party obtains a court order directing delivery of the mail, postal regulations provide that the mail will be delivered according to the court order. See POM 616.3.

The attached delivery order should be issued.

        				William K. Mahn
        				Administrative Judge

						PROPOSED ORDER

TO THE POSTMASTERS AT:		APPLE VALLEY, CA  92307-9998
				HESPERIA, CA  92345-9998

		   RE: 		The Mail Dispute Between:

				DEBRA BARNARD
				             and
				MICHAEL PRESSON

				P. S. Docket No. MD 98-372

Mail now being held or hereafter received addressed to Presson
Custom Woodworking, at 17216 Lilac St. #3, Hesperia, CA 92345-5162,
and at 20991 Ottawa Road, Apple Valley, CA 92308-5807, is to be
delivered as directed by Michael Presson.




					Judicial Officer

PROPOSED ORDER - NOT ENFORCEABLE UNTIL DATED AND 

SIGNED BY THE JUDICIAL OFFICER